The Northern Ireland (Sentences) Act 1998 (Sentence Review Commissioners) Rules 1998

Explanatory Note

(This note is not part of the Rules)

These Rules make provision with respect to the proceedings of the Sentence Review Commissioners (“the Commissioners”) in relation to the release on licence and recall of prisoners under the Northern Ireland (Sentences) Act 1998 (“the 1998 Act”). In particular, the Rules prescribe the procedure to be followed in connection with the following proceedings under the 1998 Act: an application by a prisoner under section 3(1) for a declaration of eligibility for release; an application by the Secretary of State under section 8(1) for the revocation of such a declaration; and the consideration by Commissioners under section 9(3)(b) of the cases of recalled prisoners.

The Rules also make general provision, inter alia, for: the allocation of proceedings to panels of Commissioners (rule 4); the taking of specified decisions by a single Commissioner (rule 3); the representation of prisoners (rule 5); hearings to be held in private except in so far as the Commissioners otherwise direct (rule 17); the withholding from disclosure of certain information in specified circumstances (rule 22); proceedings to be held in the absence of a prisoner and his representative in specified circumstances (rule 19); legal aid to be awarded by Commissioners for legal advice or representation (rule 24).